Feel free to fill out this sample claim form to send back to me for some background on your case. We can then be in touch on the next steps to move forward.
How long do I have to sue after I file my Notice of Claim?
For most cases, you must file your lawsuit against the municipality within one year and 90 days of from the DAY YOU ARE ARRESTED.
Where do I file my Notice of Claim?
New York City: All Notices of Clams in New York City must be served upon the City Comptroller’s Office. They have an online form that you can reach by clicking here.
If you want to file a claim electronically on your computer. You will select the form for personal injury - NYC-COMPT-BLA-PI1-B (after clicking here).
If you want to mail your claim or hand deliver your claim.
Under Section 50-e of the General Municipal Law, all tort claims against the City of New York should be filed with:
The Comptroller of the City of New York
Municipal Building – Room 1225
1 Centre Street
New York, New York 10007
The Notice of Claim should be in writing on the enclosed forms or in a similar format.
The Notice of Claim must be Notarized and served Personally or by Certified Mail within ninety (90) days from the date of the arrest.
Tort Claims against the following authorities should NOT be filed with the Comptroller’s Office.
New York City Transit Authority
New York City Housing Authority
Triboro Bridge & Tunnel Authority
Port Authority of NY and NJ
Manhattan, Bronx Surface Transit Operating Authority (MABSTOA)
New York City School Construction Authority
New York City Health and Hospitals Corporation
Staten Island Rapid Transit Authority
MTA Bus Company
Metropolitan Transportation Authority
Hugh L. Carey Battery Park City Authority
Tort Claims against any of the above authorities must be filed directly with the authority involved.
Are there exceptions to the 90-day filing rule?
A court may, in its discretion, extend the 90-day filing time, but the time it allows for a late filing may not exceed the amount of time you have to file suit under the applicable statute of limitations.
In determining whether to extend the deadline, the court will take into account the reasons you failed to file within 90 days, particularly whether the municipality had actual knowledge of the circumstances surrounding the claim within 90 days or a reasonable time after 90 days. The court may also consider a host of additional factors that may excuse failure to file in a timely manner, but it is not easy to extend the time limit.
Suing the Government- The government violated my civil rights: New York and its municipalities are bound by the rights enumerated in the U.S. and State Constitutions, as well as a variety of civil rights laws. If you are falsely against by the state or by a municipality, or if you are the victim of police misconduct, such as false arrest and imprisonment, malicious prosecution, or excessive or unnecessary use of force, you may recover from the person, you will recover from the municipality that employed the person.
You must follow the same guidelines for suing to recover for civil rights violations as for tort injuries. New York law requires that you file a notice of claim to take advantage of the waiver of sovereign immunity. This notice is in addition to the statute of limitations imposed by state law on claims against the government. What’s a Notice of Claim, and who files it?
Either you or your attorney can file a Notice of Claim for you. It is a written document informing a municipality that you have been involved in an accident or incident on municipal property that resulted in injury. The notice will include:
After you file a Notice of Claim, the municipality has 30 days to request a preliminary hearing to enable it to begin its investigation of your claim. The hearing can include a request for a physical examination of your claimed injuries.
Things You Must Do Before Suing the Government – File a Claim
“I was falsely arrested by the New York City Police Department -
What do I do now?"
File a Claim New York law requires that you file a “notice of claim” to take advantage of the waiver of sovereign immunity. This notice is in addition to the statute of limitations imposed by state law on claims against the government.
New York False Arrest Attorney – Lawyer
The information contained on the site is not designed to provide legal advice over the Internet. Legal advice is dependent upon the specific circumstances of each situation. The information provided here is targeted toward cases in New York. The law varies from state to state, so that some information provided herein may not be correct outside New York State. In addition, civil rights cases involve federal law which may vary from one federal jurisdiction to another. While every effort is made to keep the content on this site current, the information contained herein is not guaranteed to be up-to-date. Therefore, the information provided herein cannot replace the advice of competent legal counsel licensed in your state.
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